CK110097RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CK110097RO
Markfair Properties Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: CJ120066S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 139-12 34th Road, Apartment B-6, Flushing,
New York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint on
October 3, 1988 asserting that there was a fire in the apartment on
August 9, 1988 and since it is not liveable, she intends to pay
$1.00 per month in rent until the apartment complies with the rules
of the Housing and Maintenance Code.
In an answer, the owner stated that the notices are addressed to a
person and since the owner is actually a corporation, they will not
answer until the tenant sends it with the correct owner's name.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on October 28, 1988, who confirmed the existence
of the following defective conditions:
All services were shut off at the time of the inspection.
The entire apartment was completely gutted by fire.
All appliances were removed from the apartment and the tenant
has vacated the apartment involuntarily.
The Rent Administrator established the rent at $1.00 per month.
CK110097RO
In its petition for administrative review, the owner states, in
substance, that the fire in the apartment was due to the negligence
of the tenants who were smoking and that the Rent Administrator
ignored their request to identify the real owner of the building
which is a corporation.
The DHCR served a copy of the petition on the tenant on January 25,
1989. The tenant states that as per the Fire Marshall the fire was
caused by faulty electrical wiring and not by her smoking.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner has considered the owner's claim that the Rent
Administrator erred by establishing the rent at $1.00 without
considering the owner's claim that the tenant did not identify the
real owner and rejects this argument. The tenant's complaint was
properly addressed to the same individual who filed the petition
for adminstrative review, at the same address listed on the
petition, and merely omitted the corporate name. This omission is
immaterial and does not affect the validity of the service of the
complaint.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which established the rent at
$1.00 per month based on a physical inspection confirming that the
apartment was completely gutted by the fire, all services were
discontinued at the time of the inspection, all appliances had been
removed from the subject apartment, and the apartment was
uninhabitable.
The owner may file a rent restoration application if the facts so
warrant. The rent will not be restored until a rent restoration
application is filed and granted. The tenant is advised to file on
overcharge complaint with the Division if the owner has collected
an illegal rent.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of the
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
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that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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